4643.

 (a)  If assessment is needed, it shall be performed within 120 days following initial intake. Assessment shall be performed within 60 days following initial intake where any delay would expose the client to unnecessary risk to his or her health and safety or to significant further delay in mental or physical development, or the client would be at imminent risk of placement in a more restrictive environment. Assessment may include collection and review of available historical diagnostic data, provision or procurement of necessary tests and evaluations, and summarization of developmental levels and service needs. On November 1, 1996, the 120 days allowed for assessment shall revert to 60 days and if unusual circumstances prevent the completion of assessment within 60 days following intake, this assessment period may be extended by one 30-day period with the advance written approval of the department.

(b)  In determining if an individual meets the definition of developmental disability contained in subdivision (a) of Section 4512, the regional center may consider evaluations and tests, including, but not limited to, intelligence tests, adaptive functioning tests, neurological and neuropsychological tests, diagnostic tests performed by a physician, psychiatric tests, and other tests or evaluations that have been performed by, and are available from, other sources.

4791.

 (a)  The Legislature finds that the state faces an unprecedented fiscal crisis and that the services set forth in this division are necessary to enable persons with developmental disabilities to live in the least restrictive setting.

(b)  In order to ensure that services to eligible consumers are available throughout the contract period, regional centers shall administer their contracts within the level of funding available within the annual Budget Act.

(c)  To carry out the intent of this provision, and notwithstanding Chapter 5 and Section 4643, each regional center contract shall include provisions which ensure the regional center will provide services to eligible consumers within the funds available in the contract throughout the contract term. Regional centers shall implement innovative, cost-effective methods of services delivery, which may include, but not be limited to, the use of vouchers, consumer or parent services coordinators, increased administrative efficiencies, and alternative sources of payment for services.

(d)  In the event that there is an unallocated budget reduction in the total regional center budget during the 1992–93 fiscal year, which does not exceed forty million eight hundred thousand dollars ($40,800,000) in the total regional center budget, not less than 40 percent of the reduction shall be used to reduce the regional center operations budget line item with the remainder of the reduction applied to the regional center purchase of services budget line item.

(e)  In the event that there is an unallocated regional center budget reduction that exceeds forty million eight hundred thousand dollars ($40,800,000) in the total regional center budget in the 1992–93 fiscal year the initial forty million eight hundred thousand dollars ($40,800,000) of the reduction shall be applied pursuant to subdivision (d) above, with the remainder of the reduction applied 25 percent to the regional center operations budget line item with the remainder of the reduction applied to the regional center purchase of services budget line item.

(f)  The Budget Act of each fiscal year from 1993–94 to 1995–96, inclusive, and through October 31, 1996, shall determine the distribution of any unallocated reduction within the regional center budget item.

(g)  On or before July 15, of each fiscal year the department shall provide regional centers with a variety of options for reducing operations and service costs.

(h)  Within 30 days of the enactment of the Budget Act, each regional center shall develop and submit a plan to the department describing in detail how it intends to absorb any unallocated reduction and shall achieve savings necessary to provide services to eligible consumers throughout the contract term within the limitations of the funds allocated. Prior to adopting the plan, each regional center shall hold a public hearing in order to receive comment on the plan. The regional centers shall provide notice to the community at least 10 days in advance of the public hearing.

(1)  The plan submitted to the department may include, but not be limited to:

(A)  Innovative and cost-effective methods of services delivery that include, but are not limited to, the use of vouchers; the use of consumers and parents as service coordinators; alternative methods of case management; the use of volunteer teams, made up of consumers, parents, other family members, and advocates, to conduct the monitoring activities described in Section 4648.1; increased administrative efficiencies; alternative sources of payment for services; use of available assessments in determining eligibility; and alternative nonresidential rate methodologies or service delivery models, or both. In addition, the regional center shall take into account, in identifying the consumer’s service needs, the family’s responsibility for providing similar services to a child without disabilities.

(B)  The maximization of all alternative funding sources, including federal and generic funding sources.

(C)  Assurances that all other operations expenditure reductions are considered before any reductions are made in nonsupervisory, service coordination staff.

(2)  The regional centers shall implement components of their plans upon approval of the department. The department shall review and approve, or require modification of portions of the regional centers’ plan, within 30 days of receipt of the plan.

(i)  Notwithstanding any other provision of law, the Director of Developmental Services may adopt, amend, repeal, or suspend regulations as necessary to permit program flexibility and allow regional centers to achieve cost savings or innovative approaches to service delivery, including, but not limited, to those specified in subparagraph (A) of paragraph (1) of subdivision (g) without adversely affecting consumer health and safety or placing persons with disabilities in a more restrictive environment. Furthermore, any such regulatory change shall not authorize categorical reductions; changes in service delivery shall have an exemption process. It is the intent of the Legislature that any such action be deemed an emergency necessary for the immediate preservation of the public peace, health, and safety, or general welfare for purposes of subdivision (b) of Section 11346.1 of the Government Code.

(j)  Notwithstanding any other provision of law, the State Director of the Department of Developmental Services may require one or more regional centers to take any actions he or she determines to be necessary to ensure reductions are made in the regional center operations budget, including, but not limited to, the following:

(1)  Require a regional center to centralize billing and other fiscal and administrative functions.

(2)  Require a regional center to reduce office space through the decentralization of service coordinators by allowing service coordinators to work in their homes and in community-based programs.

(3)  Require a regional center to freeze or reduce levels of pay for administrative and managerial employees.

(4)  Require a regional center to contract for specified functions currently conducted directly by the regional center.

(5)  Require regional centers to seek Medi-Cal provider status for regional center staff performing reimbursable activities.

(k)  Notwithstanding any other provisions of law, the director may terminate a regional center contract if he or she determines that the regional center is unable or unwilling to make the necessary reductions in its operations budget or if the action is necessary to avoid reductions in the purchase of services for regional center consumers.

( l)  Notwithstanding any other provisions of law, the department may directly operate a regional center after the termination of a contract.

(m)  If the director determines that regional centers cannot provide services throughout the contract term within the funds provided by the Budget Act, he or she shall immediately report to the Governor and the appropriate fiscal committees of the Legislature and recommend actions to secure additional funds or reduce expenditures, including any actions which require the suspension of the entitlement to service set forth in this division.

(n)  Developing and implementing the plan shall be considered a contractual obligation pursuant to Section 4635 of the Welfare and Institutions Code. Accordingly, the department shall make reasonable efforts to assist regional centers in fulfilling their contractual obligations and provide technical assistance, as necessary. In addition, a regional center’s failure to develop and implement the plan may be considered grounds for contract termination or nonrenewal. If at any time the director of the department determines that a regional center’s plan does not adequately address a funding deficiency during the contract period, the director may require the use of operational funds to reduce the deficiency in purchase of services funds.

(o)  This section shall remain operative only until November 1, 1996, shall remain in effect only until January 1, 1997, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 1997, deletes or extends that date.

11450.01.

 (a)  Notwithstanding any other provision of law, commencing October 1, 1992, the maximum aid payments specified in paragraph (1) of subdivision (a) of Section 11450 in effect on July 1, 1992, shall be reduced by 4.5 percent.

(b)  (1)  The department shall seek the approval from the United States Department of Health and Human Services that is necessary to reduce the maximum aid payments specified in subdivision (a) by an additional amount equal to 1.3 percent of the maximum aid payments specified in paragraph (1) of subdivision (a) of Section 11450 in effect on July 1, 1992.

(2)  The reduction provided by this subdivision shall be made on the first day of the month following 30 days after the date of approval by the United States Department of Health and Human Services.

(c)  This section shall remain operative only until November 1, 1996, shall remain in effect only until January 1, 1997, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 1997, deletes or extends that date.

11450.015.

 (a)  Notwithstanding any other provision of law, the maximum aid payments in effect on June 30, 1993, in accordance with paragraph (1) of subdivision (a) of Section 11450 as reduced by subdivisions (a) and (b) of Section 11450.01, shall be reduced by 2.7 percent beginning the first of the month following 60 days after the enactment of this section.

(b)  Commencing November 1, 1996, the maximum aid payment levels in effect on June 30, 1996, shall be increased by the total dollar amount of the decrease made in each payment level during the 1992–93 fiscal year pursuant to Section 11450.01.

11450.017.

 (a)  Notwithstanding any other provision of law, the maximum aid payment in effect on June 30, 1994, in accordance with paragraph (1) of subdivision (a) of Section 11450 as reduced by subdivisions (a) and (b) of Section 11450.01 and subdivision (a) of Section 11450.015, shall be reduced by 2.3 percent beginning the first of the month following 50 days after the effective date of this section.

(b)  The decrease in aid provided for pursuant to this section shall not prevent the increases in aid that shall occur on November 1, 1996, pursuant to Sections 11450.01 and 11450.015.

11450.018.

 (a)  Notwithstanding any other provision of law, the maximum aid payment in accordance with paragraph (1) of subdivision (a) of Section 11450 as reduced by subdivisions (a) and (b) of Section 11450.01, subdivision (a) of Section 11450.015, and subdivision (a) of Section 11450.017, shall be reduced by 4.9 percent for counties in Region 2, as specified in Section 11452.018.

(b)  Notwithstanding any other provision of law, through October 31, 1996, the maximum aid payment in accordance with paragraph (1) of subdivision (a) of Section 11450, as reduced by subdivision (a) and (b) of Section 11450.01, subdivision (a) of Section 11450.015, subdivision (a) of Section 11450.017, and subdivision (a) of this section shall be reduced by 4.9 percent.

(c)  Prior to implementing the reductions specified in subdivisions (a) and (b), the director shall apply for and obtain a waiver from the United States Department of Health and Human Services of Section 1396a(c)(1) of Title 42 of the United States Code. The reduction shall be implemented to the extent the waiver is granted and only so long as the waiver is effective. This subdivision shall not apply if either the federal waiver process set forth at Section 1315 of Title 42 of the United States Code or Section 1396a(c) is repealed or modified such that a waiver is not necessary to implement subdivision (a) or (b).

(d)  The decreases in aid provided for pursuant to this section shall not prevent the increases in aid that shall occur on November 1, 1996, pursuant to Section 11450.01 and Section 11450.015.

(e)  This section shall become operative and the reductions specified in subdivisions (a) and (b) shall commence on the first day of the month following 30 days after the receipt of federal approval or on the first day of the month following 30 days after a change in federal law that allows states to reduce aid payments without any risk to federal funding under Title XIX of the Social Security Act, whichever is earlier, but no earlier than October 1, 1995.

11452.

 (a)  (1)  Minimum basic standards of adequate care shall be distributed to the counties and shall be binding upon them. The standards are determined on the basis of the schedule set forth in this section, as adjusted for cost-of-living increases or decreases pursuant to Section 11453, which schedule is designed to ensure:

(A)  Safe, healthful housing.

(B)  Minimum clothing for health and decency.

(C)  Low-cost adequate food budget meeting recommended dietary allowances of the National Research Council.

(D)  Utilities.

(E)  Other items including household operation, education and incidentals, recreation, personal needs, and insurance.

(F)  Allowance for essential medical, dental, or other remedial care to the extent not otherwise provided at public expense.

(2)  The schedule of minimum basic standards of adequate care is as follows:

plus fourteen dollars ($14) for each additional needy person.

(3)  (A)  No adjustment shall be made under this section for the 1990–91 and 1991–92 fiscal years to reflect any change in the cost of living. Elimination of the cost-of-living adjustment pursuant to this subparagraph shall satisfy the requirements of Section 11453.05, and no further reduction shall be made pursuant to that section.

(B)  Any cost-of-living adjustment under this section for the 1991–92 fiscal year and any subsequent fiscal year pursuant to Section 11453 shall not include any adjustment to reflect increases for the cost of living for the 1990–91 and 1991–92 fiscal years.

(C)  For the 1992–93, 1993–94, 1994–95, 1995–96 fiscal years, and through October 31, 1996, a cost-of-living adjustment equivalent to 70 percent of the amount calculated pursuant to subdivision (a) of Section 11453 shall be made under this section. This adjustment, by reducing the cost-of-living adjustment that would otherwise have been made, shall satisfy the requirements of Section 11453.05, and no further reduction shall be made pursuant to that section.

(b)  The minimum basic standard of adequate care shall also include the amount or amounts resulting from an allowance for recurring special needs, as specified in subdivision (e) Section 11450, and the amount or amounts resulting from the granting of a nonrecurring special need, equal to the amounts specified in paragraphs (1) and (2) of subdivision (f) of Section 11450.

(c)  The department shall establish rules and regulations assuring the uniform application statewide of the provisions of this section.

11453.

 (a)  Except as provided in subdivision (c), the amounts set forth in Section 11452 and subdivision (a) of Section 11450 shall be adjusted annually by the department to reflect any increases or decreases in the cost of living. These adjustments shall become effective July 1 of each year, unless otherwise specified by the Legislature. The cost-of-living adjustment shall be calculated by the Commission on State Finance based on the changes in the California Necessities Index, which as used in this section means the weighted average changes for food, clothing, fuel, utilities, rent, and transportation for low-income consumers. The computation of annual adjustments in the California Necessities Index shall be made in accordance with the following steps:

(1)  The base period expenditure amounts for each expenditure category within the California Necessities Index used to compute the annual grant adjustment are:

(2)  Based on the appropriate components of the Consumer Price Index for All Urban Consumers, as published by the United States Department of Labor, Bureau of Labor Statistics, the percentage change shall be determined for the 12-month period ending with the December preceding the year for which the cost-of-living adjustment will take effect, for each expenditure category specified in subdivision (a) within the following geographical areas: Los Angeles-Long Beach-Anaheim, San Francisco-Oakland, San Diego, and, to the extent statistically valid information is available from the Bureau of Labor Statistics, additional geographical areas within the state which include not less than 80 percent of recipients of aid under this chapter.

(3)  Calculate a weighted percentage change for each of the expenditure categories specified in subdivision (a) using the applicable weighting factors for each area used by the State Department of Industrial Relations to calculate the California Consumer Price Index (CCPI).

(4)  Calculate a category adjustment factor for each expenditure category in subdivision (a) by (1) adding 100 to the applicable weighted percentage change as determined in paragraph (2) and (2) dividing the sum by 100.

(5)  Determine the expenditure amounts for the current year by multiplying each expenditure amount determined for the prior year by the applicable category adjustment factor determined in paragraph (4).

(6)  Determine the overall adjustment factor by dividing (1) the sum of the expenditure amounts as determined in paragraph (4) for the current year by (2) the sum of the expenditure amounts as determined in subdivision (d) for the prior year.

(b)  The overall adjustment factor determined by the preceding computation steps shall be multiplied by the schedules established pursuant to Section 11452 and subdivision (a) of Section 11450 as are in effect during the month of June preceding the fiscal year in which the adjustments are to occur and the product rounded to the nearest dollar. The resultant amounts shall constitute the new schedules which shall be filed with the Secretary of State.

(c)  (1)  No adjustment to the maximum aid payment set forth in subdivision (a) of Section 11450 shall be made under this section for the purpose of increasing the benefits under this chapter for the 1990–91, 1991–92, 1992–93, 1993–94, 1994–95, and 1995–96 fiscal years, and through October 31, 1996, to reflect any change in the cost of living. For the 1996–97 fiscal year, the cost-of-living adjustment that would have been provided on July 1, 1996, pursuant to subdivision (a) shall be made on November 1, 1996. Elimination of the cost-of-living adjustment pursuant to this paragraph shall satisfy the requirements of Section 11453.05, and no further reduction shall be made pursuant to that section.

(2)  No adjustment to the minimum basic standard of adequate care set forth in Section 11452 shall be made under this section for the purpose of increasing the benefits under this chapter for the 1990–91 and 1991–92 fiscal years to reflect any change in the cost of living.

(d)  Adjustments for subsequent fiscal years pursuant to this section shall not include any adjustments for any fiscal year in which the cost of living was suspended pursuant to subdivision (c).

11462.

 (a)  (1)  Effective July 1, 1990, foster care providers licensed as group homes, as defined in departmental regulations, including public child care institutions, as defined in Section 11402.5, shall have rates established by classifying each group home program and applying the standardized schedule of rates. The department shall collect information from group providers beginning January 1, 1990, in order to classify each group home program.

(2)  Notwithstanding paragraph (1), foster care providers licensed as group homes shall have rates established only if the group home is organized and operated on a nonprofit basis as required under subdivision (h) of Section 11400. The department shall terminate the rate effective January 1, 1993, of any group home not organized and operated on a nonprofit basis as required under subdivision (h) of Section 11400.

(b)  A group home program shall be initially classified, for purposes of emergency regulations, according to the level of care and services to be provided using a point system developed by the department and described in the report, “The Classification of Group Home Programs under the Standardized Schedule of Rates System,” prepared by the State Department of Social Services, August 30, 1989.

(c)  The rate for each rate classification level (RCL) has been determined by the department with data from the AFDC-FC Group Home Rate Classification Pilot Study. The rates effective July 1, 1990, were developed using 1985 calendar year costs and reflect adjustments to the costs for each fiscal year, starting with the 1986–87 fiscal year, by the amount of the California Necessities Index computed pursuant to the methodology described in Section 11453. The data obtained by the department using 1985 calendar year costs shall be updated and revised by January 1, 1993.

(d)  As used in this section, “standardized schedule of rates” means a listing of the 14 rate classification levels, the single rate established for each RCL, and the rate floor for each RCL.

(e)  The standardized schedule of rates shall be phased in commencing July 1, 1990.

(1)  In order to phase in the standardized schedule of rates, a “rate floor” has been established for each RCL.

(2)  The rate floor for fiscal year 1990–91 shall be 85 percent of the standard rate for each RCL. The rate floor shall be increased to 92.5 percent of the standard rate for fiscal year 1991–92 for each RCL, shall be equal to the standard rate for each RCL for the period July 1, 1992, to September 13, 1992, inclusive, and shall be 92.5 percent of the standard rate for each RCL for the period September 14, 1992, to June 30, 1993, inclusive.

(3)  The rate floor for each RCL shall be 95 percent of the standard rate for each RCL for the 1993–94 fiscal year. The rate floor shall be equal to the standard rate for each RCL for the 1994–95 fiscal year and beyond.

(f)  Except as specified in paragraph (1), the department shall determine the RCL for each group home program on a prospective basis, according to the level of care and services that the group home operator projects will be provided during the period of time for which the rate is being established.

(1)  For a group home program for which the department established a rate effective prior to June 30, 1990, that took into account the program’s historical costs, the department shall establish the rate for fiscal year 1990–91 by determining the RCL on a retrospective basis, according to the level of care and services actually provided between July 1 and December 31, 1989, or between July 1, 1989, and March 31, 1990.

(2)  Group home programs that fail to maintain at least the level of care and services associated with the RCL upon which their rate was established shall inform the department. The department shall develop regulations specifying procedures to be applied when a group home fails to maintain the level of services projected, including, but not limited to, rate reduction and recovery of overpayments.

(3)  The department shall not reduce the rate, establish an overpayment, or take other actions pursuant to paragraph (2) for any period that a group home program maintains the level of care and services associated with the RCL for children actually residing in the facility. Determinations of levels of care and services shall be made in the same way as modifications of overpayments are made pursuant to paragraph (2) of subdivision (b) of Section 11466.2.

(4)  Beginning July 1, 1994, for group homes paid at rates below the standard rate established by subdivision (g), a group home program shall remain at its current RCL if it maintains at least the level of care and services associated with that percentage of the points required to be at that RCL that equals the percentage of the standard rate used to establish the group home’s rate. In no event, however, shall points per child per month be reduced more than 10 points below the minimum required for the current RCL. The RCL for a program shall not increase due to the operation of this paragraph absent any program changes approved by the department pursuant to subdivision (k).

(5)  A group home program that substantially changes it staffing pattern from that reported in the group home program statement shall provide notification of this change to all counties that have placed children currently in care. This notification shall be provided whether or not the RCL for the program may change as a result of the change in staffing pattern.

(g)  The standardized schedule of rates for fiscal year 1990–91 is:

(h)  (1)  For fiscal year 1990–91, the standardized schedule of rates shall be implemented as follows:

(A)  Any group home program which received an AFDC-FC rate in the prior fiscal year below the standard rate for the fiscal year 1990–91 RCL shall receive their 1989–90 rate plus an amount equal to the California Necessities Index (CNI). The rate for fiscal year 1990–91 at which the state will participate shall not exceed the standard rate for the RCL.

(B)  If the CNI increase to the group home program’s fiscal year 1989–90 rate does not raise the group home program to the rate floor for the RCL, the group home program shall receive a rate equal to the rate floor for the RCL.

(C)  A group home program which received an AFDC-FC rate for fiscal year 1989–90 at or above the standard rate for the RCL for fiscal year 1990–91 shall continue to receive that fiscal year 1989–90 rate.

(2)  For the 1996–97 fiscal year, commencing after October 31, 1996, and the 1997–98 fiscal year, the standardized rate for each RCL shall be adjusted by an amount equal to the California Necessities Index computed pursuant to the methodology described in Section 11453.

(A)  Any group home program which received an AFDC-FC rate in the prior fiscal year at or above the adjusted standard rate for the RCL in the current fiscal year shall continue to receive that rate.

(B)  A group home program which received an AFDC-FC rate in the prior fiscal year below the standard rate for the RCL in the current fiscal year shall receive that rate adjusted by an amount equal to the CNI. The rate for the current fiscal year shall not exceed the standard rate for the RCL and shall not be less than the rate floor for the RCL.

(3)  Beginning with that portion of the 1996–97 fiscal year commencing November 1, 1996, the standardized schedule of rates shall be adjusted annually by an amount equal to the CNI computed pursuant to Section 11453, subject to the availability of funds.

(A)  Any group home program which received an AFDC-FC rate in the prior fiscal year at or above the adjusted standard rate for the RCL in the current fiscal year shall continue to receive that rate.

(B)  Any group home program which received an AFDC-FC rate in the prior fiscal year below the adjusted standard rate for the RCL in the current fiscal year shall receive the adjusted RCL rate.

(i)  (1)  (A)  The rate for a new group home program of a new or existing provider shall be established at the rate floor for the new program’s projected RCL.

(B)  On and after the operative date of this subparagraph, the department shall not, prior to July 1, 1993, establish a rate for a new group home program of a new or existing provider.

(2)  The department shall not establish a rate for a new program of a new or existing provider unless the provider submits a recommendation from the host county, the primary placing county, or a regional consortium of counties that the program is needed in that county; that the provider is capable of effectively and efficiently operating the program; and that the provider is willing and able to accept AFDC-FC children for placement who are determined by the placing agency to need the level of care and services that will be provided by the program.

(3)  The department shall encourage the establishment of consortia of county placing agencies on a regional basis for the purpose of making decisions and recommendations about the need for, and use of, group home programs and other foster care providers within the regions.

(4)  The department shall annually conduct a county-by-county survey to determine the unmet placement needs of children placed pursuant to Sections 300 and Section 601 or 602, and shall publish its findings by November 1 of each year.

(j)  The department shall develop regulations specifying ratesetting procedures for program expansions, reductions, or modifications, including increases or decreases in licensed capacity, or increases or decreases in level of care or services.

(k)  (1)  For the purpose of this subdivision, “program change” means any alteration to an existing group home program planned by a provider that will increase the RCL or AFDC-FC rate. An increase in the licensed capacity or other alteration to an existing group home program that does not increase the RCL or AFDC-FC rate shall not constitute a program change.

(2)  (A)  Prior to July 1, 1993, the rate for a group home program shall not increase, as the result of a program change, from the rate established for the program effective June 30, 1992. For rate increases as a result of a program change which became effective between July 1, 1992, and the effective date of this paragraph, the department shall adjust rates downward as necessary to comply with this chapter. Notwithstanding any other provisions of law, a group home provider shall be allowed to change a group home program to reflect a decrease in services due to the provisions of this paragraph.

(B)  For the 1993–94 fiscal year, the rate for a group home program shall not increase, as the result of a program change, from the rate established for the program effective July 1, 1993, except as provided in paragraph (3).

(C)  For the 1994–95 fiscal year, the 1995–96 fiscal year, and through October 31, 1996, the rate for a group home program shall not increase, as the result of a program change, from the rate established for the program effective July 1, 1994, except as provided in paragraph (3).

(3)  (A)  For the 1993–94 fiscal year, the 1994–95 fiscal year, the 1995–96 fiscal year, and through October 31, 1996, the department shall not establish a rate for a new program of a new or existing provider or approve a program change for an existing provider that either increases the program’s RCL or AFDC-FC rate, or increases the licensed capacity of the program as a result of decreases in another program with a lower RCL or lower AFDC-FC rate that is operated by that provider, unless both of the conditions specified in this paragraph are met.

(i)  The licensee obtains a letter of recommendation from the host county, primary placing county, or regional consortium of counties regarding the proposed program change or new program.

(ii)  The county determines that there is no increased cost to the General Fund.

(B)  Notwithstanding subparagraph (A), the department may grant a request for a new program or program change, not to exceed 25 beds, statewide, if (i) the licensee obtains a letter of recommendation from the host county, primary placing county, or regional consortium of counties regarding the proposed program change or new program, and (ii) the new program or program change will result in a reduction of referrals to state hospitals during the 1993–94 fiscal year, the 1994–95 fiscal year, the 1995–96 fiscal year, or through October 31, 1996.

( l)  General unrestricted or undesignated private charitable donations and contributions made to charitable or nonprofit organizations shall not be deducted from the cost of providing services pursuant to this section.

(m)  The department shall, by October 1 each year, commencing October 1, 1992, provide the Joint Legislative Budget Committee with a list of any new departmental requirements established during the previous fiscal year concerning the operation of group homes, and of any unusual, industrywide increase in costs associated with the provision of group care which may have significant fiscal impact on providers of group homes care. The committee may, in fiscal year 1993–94 and beyond, use the list to determine whether an appropriation for rate adjustments is needed in the subsequent fiscal year.

(n)  This section shall become operative on July 1, 1995.

12200.01.

 (a)  Notwithstanding any other provision of law, commencing November 1, 1992, the payments schedules set forth in Section 12200 in effect on June 30, 1992, except subdivisions (e), (g), and (h) shall be reduced by 5.8 percent.

(b)  Notwithstanding subdivision (a), in no event shall the combined amount of the federal Supplementary Security Income payment and the state Supplementary State Program payment level for any applicant or recipient be reduced below the level required by the federal Social Security Act in order to maintain eligibility for federal funding under Title XIX of the federal Social Security Act (Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code).

(c)  This section shall remain operative only until November 1, 1996, shall remain in effect only until January 1, 1997, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 1997, deletes or extends that date.

12200.015.

 (a)  Notwithstanding any other provision of law, the maximum aid payments in effect on June 30, 1993, in accordance with Section 12200, as reduced by subdivision (a) of Section 12200.01, except subdivisions (e), (g), and (h) of Section 12200, shall be reduced by 2.7 percent beginning the first of the month following 60 days after the enactment of this section.

(b)  Commencing November 1, 1996, the maximum aid payment levels in effect on June 30, 1996, that were reduced by Section 12200.01 shall be increased by the dollar amount of the decrease made in each payment level during the 1992–93 fiscal year pursuant to Section 12200.01.

(c)  Notwithstanding subdivision (a), in no event shall the payment schedules be reduced below the level required by the federal Social Security Act in order to maintain eligibility for federal funding under Title XIX of the federal Social Security Act, contained in Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code.

12200.017.

 (a)  Notwithstanding any other provision of law, the maximum aid payments in effect on June 30, 1994, in accordance with Section 12200, as reduced by subdivision (a) of Section 12200.01 and Section 12200.015, except subdivisions (e), (g), and (h) of Section 12200, shall be reduced by 2.3 percent effective September 1, 1994.

(b)  Notwithstanding subdivision (a), in no event shall any maximum aid payment schedule in any payment category established pursuant to Section 12200 be reduced below the level required by the federal Social Security Act in order to maintain eligibility for federal funding under Title XIX of the federal Social Security Act, contained in Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code.

(c)  In no event shall the reduction of any maximum aid payment level pursuant to this section result in a change in share of cost or eligibility for services under Article 7 (commencing with Section 12300) for any aged, blind, or disabled person who was receiving services under that article in 1994 prior to the enactment of this section because of that reduction in maximum aid payment, provided he or she continues to meet other applicable requirements.

(d)  The decrease in aid provided for pursuant to this section shall not prevent the increases in aid that shall occur on November 1, 1996, pursuant to Sections 12200.01 and 12200.015.

12200.018.

 (a)  If permitted by federal law, and notwithstanding any other provision of law, through October 31, 1996, the payment schedules set forth in Section 12200 in effect on June 30, 1995, as reduced by subdivision (a) of Section 12200.01, Section 12200.015, and subdivision (a) of Section 12200.017, except subdivisions (e), (g), and (h), shall be reduced by 4.9 percent.

(b)  If permitted by federal law, and notwithstanding any other provision of law, the payment schedules set forth in Section 12200 in effect on June 30, 1995, as reduced by subdivision (a) of Section 12200.01, Section 12200.015, subdivision (a) of Section 12200.017, and subdivision (a) of this section, except subdivision (e), (g), and (h), shall be adjusted, for each county to reflect regional variations in housing costs based on the lowest quartile of monthly rents reported in the Decennial Census data for 1990, in the following manner:

(1)  For the regions where the lowest quartile rent equals or exceeds four hundred dollars ($400) per month, the payment schedules shall not be reduced. This region shall consist of the following counties:

(A)  Alameda County

(B)  Contra Costa County

(C)  Los Angeles County

(D)  Marin County

(E)  Monterey County

(F)  Napa County

(G)  Orange County

(H)  San Diego County

(I)  San Francisco County

(J)  San Luis Obispo County

(K)  San Mateo County

(L)  Santa Barbara County

(M)  Santa Clara County

(N)  Santa Cruz County

(O)  Solano County

(P)  Sonoma County

(Q)  Ventura County

(2)  For counties where lowest quartile rent is below four hundred dollars ($400) per month, the payment schedules shall be reduced by 4.9 percent. This paragraph shall apply to the following counties:

(A)  Alpine County

(B)  Amador County

(C)  Butte County

(D)  Calaveras County

(E)  Colusa County

(F)  Del Norte County

(G)  El Dorado County

(H)  Fresno County

(I)  Glenn County

(J)  Humboldt County

(K)  Imperial County

(L)  Inyo County

(M)  Kern County

(N)  Kings County

(O)  Lake County

(P)  Lassen County

(Q)  Madera County

(R)  Mariposa County

(S)  Mendocino County

(T)  Merced County

(U)  Modoc County

(V)  Mono County

(W)  Nevada County

(X)  Placer County

(Y)  Plumas County

(Z)  Riverside County

(AA)  Sacramento County

(AB)  San Benito County

(AC)  San Bernardino County

(AD)  San Joaquin County

(AE)  Shasta County

(AF)  Sierra County

(AG)  Siskiyou County

(AH)  Stanislaus County

(AI)  Sutter County

(AJ)  Tehama County

(AK)  Trinity County

(AL)  Tulare County

(AM)  Tuolumne County

(AN)  Yolo County

(AO)  Yuba County

(c)  Subdivisions (a) and (b) shall be operative, and the reductions in payment schedules shall commence on the first of the month following approval and implementation by the Social Security Administration but no earlier than December 1, 1995.

(d)  Subdivisions (a) and (b) shall not be operative if any payment schedule set forth in Section 12200 would be reduced below the level required by subsection (e) of Section 1382g of Title 42 of the United States Code in order to maintain eligibility for federal funding under Title XIX of the Social Security Act, contained in Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code.

(e)  If subdivisions (a) and (b) are not operative, the payment schedules set forth in Section 12200, except subdivisions (e), (g), and (h), shall for the 1995–96 fiscal year be reduced, commencing December 1, 1995, to the minimum amounts, not to exceed 4.9 percent of the maximum aid payment in effect on June 30, 1995, permitted by the federal Social Security Act by subsection (e) of Section 1382g of Title 42 of the United States Code that will maintain eligibility for federal funding under Title XIX of the Social Security Act, contained in Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code.

(f)  In no event shall the reduction of any payment schedule pursuant to this section result in a change in eligibility or share of cost for services under Article 7 (commencing with Section 12300) for any aged, blind, or disabled person who was receiving services under that article in 1995 prior to the enactment of this section because of that reduction in maximum aid payment, provided he or she continues to meet other applicable requirements.

(g)  The decrease in aid provided for pursuant to this section shall not prevent the increases in aid that shall occur on November 1, 1996, pursuant to Section 12200.01 and 12200.015.

12550.

 For the purposes of this article, “special circumstances” means those which are not common to all recipients and which arise out of need for certain goods or services, and physical infirmities or other conditions peculiar, on a nonrecurring basis, to the individual’s situation. Special circumstances shall include replacement of essential household furniture and equipment, or clothing when lost, damaged or destroyed by a catastrophe, necessary moving expenses, required housing repairs, and unmet shelter needs.

This section shall become operative on November 1, 1996.

19355.5.

 Notwithstanding any other provision of law, effective the first day of the month after which this section is enacted, all rates established for the 1992–93 fiscal year pursuant to Section 19356 under this chapter for work-activity programs shall be reduced proportionately by the percentage necessary to effect a total savings of not less than four million seventy-one thousand dollars ($4,071,000) and not more than six million seven hundred seventy-eight thousand dollars ($6,778,000) of General Fund money. The department is encouraged to increase the number of individuals mutually served and the utilization of federal dollars, pursuant to subdivision (b) of Section 19356.6, to minimize this rate reduction in the 1992–93 fiscal year while achieving the required savings in General Fund money. Should the utilization of federal funds during the 1992–93 fiscal year so permit, the department may adjust the rate of each work-activity program prior to July 1, 1993, in an amount not to exceed the adjustment to be given effective July 1, 1993. Commencing July 1, 1993, the rate established for the 1992–93 fiscal year pursuant to this section shall be adjusted to the extent necessary to achieve a savings of six million seven hundred seventy-eight thousand dollars ($6,778,000) in the subsequent 12-month period. The rate in effect as of July 1, 1993, shall remain in effect until November 1, 1996.

Sec. 37.

 The amounts payable pursuant to paragraph (1) of subdivision (a) of Section 11450 of the Welfare and Institutions Code in effect on July 1, 1992, shall be reinstated on November 1, 1996.